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HomeMy WebLinkAboutItem 4.02 LeaseRenew Ellen Tauscher CITY CLERK File # D~[QLa.~[Q] . AGENDA STATEMENT CITY COUNCIL MEETING DATE: (February 2, 1999) SUBJECT: Renewal of Lease For Office Space To Congresswoman Ellen Tauscher ~Report Prepared By: Paul S. Rankin, Assistant City Manager) EXHIBITS ATTACHED: 1. Proposed Lease RECOMMENDATION~. ~ FlNANCIAL STATEMENT: Authorize the Mayor on behalf of the City to execute the lease substantially in the form presented. The proposed terms would result in lease revenue of approximately $1,320 per year. This excludes office furnishings, telephone, and fax services. DESCRIPTION: The City previously had a lease with Congresswoman Tauscher to provide a Part- Time Satellite Field Office in the Dublin City Offices. As required by the Federal Government the lease could not extend beyond the Congressional Term of Office. Therefore, it is now appropriate to consider a renewal of the lease. Due to the limitation of the term, Staffhas prepared a new lease document which covers the current two year term. . Staff have worked with Ms. Michelle Henry, District Director for Ms. Tauscher regarding the renewal of the lease. Congresswoman Tauscher's Staff indicated that they enjoy the ability to extend services to constituents in this area from the Dublin Office and they are interested in continuing the arrangement. The office utilized for this purpose is approximately 112 square feet and is adjacent to the conference room in the City Manager's Office. The Congresswoman provides all office furnishings, telephone service, and fax machine. In 1997, Congresswoman Tauscher paid the one-time cost of office identification signs, separate from the monthly lease amount. No changes to signage are proposed with the renewal of the lease. In terms of equipment, the City does provide access to the photocopier for incidental copies and the ___ telg?.h()n~.ills1rnment is_OJYIledJ)yJhe City. The City absorbs the cost associated with utilities, janitorial service and other operating costs. Consistent with past leases, the lease stipulates in Section 6 that the office is to be used exclusively for government business and would not be used for campaign activities. Typically the office is staffed 3-4 days per week. The telephones are capable of being forwarded to the main Walnut Creek Office, when the assigned Congressional Field Representative is not available. The use of the office and scheduling of appointments and staffing during City Business hours remains flexible. Due to its location, the Secretary in the City Manager's Office does act as a receptionist in directing visitors to the office, or advising them of office hours if the Congressional Staff member is not available. . ~ -..-.. ....................... ~ ~ - - ........-. -- - ...,. ~ -.... ~ - ~ ....... ~ ~ .....-. - COPIES TO: Michelle Henry, District Director ~ 10th Congressional District ITEM NO. Wcc-formsJagdastmt.doc The only proposed change to the current lease terms involves an increase in the monthly rental charge.s. The Congressional Staff have ~dvised that the revised terms are acceptable. The change in the rental rate was modified from S80.00 per month to $110 per month. The format of the lease required by the House Rules Committee does not allow for an escalator in the rent charged. Based upon the 1998/99 Budget the proposed rate covers the following: a proportionate share of the Building Operating expenses; the cost . associated with approximately 1 hour per month of an Office Assistant II; and estimated photocopies based upon usage during the last term. It is estimated that despite the offset of minor rental income, that the City is absorbing some costs in order to improve public access for all constituents in the 10th Congressional District. - Staff recommends that the City Council review the proposed terms of the agreement. In the event that the proposal is acceptable, it is recommended that the City Council authorize the Mayor to execute the Agreement, substantially in the form presented. . .........-- '4.__ -. .." -------- ---...-. . -~- . . .6. CIVIC CENTER LEASE AGREEMENT THIS LEASE is made and executed in triplicate this 8th day of January, 1999. BY AND BETWEEN City of Dublin (a Municipal Corp.) hereinafter called "CITY," and Congresswoman Ellen Tauscher, 10th District, hereinafter called "LESSEE." This lease is made subject to the following terms and conditions: 1. Description For the consideration ofthe payment of the rents and the performances of the covenants contained herein on the part of the LESSEE, and in the manner hereinafter stated, CITY leases and lets to LESSEE, and LESSEE hereby leases, hires, and takes from CITY, upon the terms and conditions hereinafter set forth, the following described property and its appurtenances, situated in the City Of Dublin, County of Alameda, State of California, particularly described as follows: Office #242 (2nd Floor City Offices) Dublin Civic Center 100 Civic Plaza Dublin, California, 94568 2. Term This lease shall be on a month to month basis, commencing on the 8th day ofJanuary,1999. Lease may be terminated upon 30 days written notice by CITY or LESSEE. In accordance with paragraph 18(a) the terms of this lease shall not exceed beyond the shorter of two years or the constitutional term of the Congress to which the Lessee is elected, unless otherwise agreed to in writing by both parties. 3. Rent The rent shall be the sum of $110 (One Hundred and Ten Dollars) per month, payable in lawful money of the United States of America, as specified in Paragraph 18( a) "District Office Lease Attachment". 4. Pavrnent of Rent LESSEE agrees to pay rents to CITY at the time and in the manner herein provided. 5. RemovalofPropertv (a) Should LESSEE fail to pay any part of the rents herein specified, at the times or in the manner herein provided, or fail faithfully to comply with or perform any other of the terms, conditions, covenants and agreements of this lease on the part of LESSEE to be performed or complied with, or should LESSEE abandon the leased premises, then and in that event, CITY, at the sole option of CITY may terminate this lease, and CITY and LESSEE shall have all the rights and remedies as provided in California Civil Code, Section 1951.2. CITY may pursue any remedy whatsoever provided for by law, and in any event' CITY shall be entitled to the possession ofthe leased premises at the lawful termination of this lease. (b) CITY is hereby authorized to remove and store at LESSEE's expense any personal property which LESSEE abandons at the leased premises upon vacating those premises. If LESSEE has breached any of the provisions of this lease and has abandoned the leased premises, CITY and LESSEE shall have all the rights and remedies as provided by California Civil Code, Section 1951.4, so long as this lease, and LESSEE's rights to the possession of the leased premises are not terminated by CITY. The rights of CITY under this lease shall be cumulative to all other rights or remedies given to CITY by law or by the terms of this lease. Uses and Uses Prohibited (a) The leased premises shall be used, occupied and conducted exclusively as and for a "Part-Time Satellite Congressional Field Office". LESSEE and/or any agent or employee of LESSEE, shalI not utilize space for any campaign activity or function. Office shall only be used for official government business and for no other purpose; and shall be used, occupied and conducted in a thoroughly orderly and respectable manner, without hindrance, annoyance, disturbance, detriment, injury or offense to CITY or its operations. -1- Civic Center Lease Agreement Congresswomen Tauscher (Page 2 of 5) (b) LESSEE shall not maintain or commit any nuisance or waste in or about the leased premises. . LESSEE shall not do or permit anything to be done in or about the leased premises, nor bring or keep anything therein, which will in any way affect fire or other insurance on the building or any of its contents, or which shall in any way conflict with any law, ordinance, rule, or regulation affecting the occupancy and use of the premises which are or may hereafter be enacted or promulgated by any public entity. (c) LESSEE shall not construct, maintain or permit to be constructed or maintained, any sign located on the premises, nor paint, nor hang, nor permit or authorize others to paint, or hang, any sign on the waIls thereof, unless written permission to do so has been obtained from CITY. All room/office identification signage shall be done under the direction of the CITY but at the cost of the Lessee. 7. Assignment and Subletting (a) LESSEE may not assign his interest or sublet the property. (b) LESSEE further promises and covenants that if he neglects or fails to perform or observe any of the covenants contained in this lease and continues this neglect or failure for ten (10) days after notice by CITY, or if the estate hereby created shall be taken on execution, and such execution shall not be satisfied, canceled or otherwise removed within thirty (30) days after notice by CITY, or if the LESSEE shall be adjudicated bankrupt or insolvent according to law, or if any assignment of its property shall be made for the benefit of creditors, then CITY may immediately terminate this lease. 8. Alterations and Repairs. Damage to Premises . LESSEE agrees that the leased premises are now in tenantable and good order and condition and that LESSEE shall keep and maintain these premises in good and sanitary order and condition, and that no damages, alterations, or change whatever shall be made in or about the leased premises without the written consent ofClTY. Unless otherwise provided by written agreement all alterations, improvements and changes that may be required shall be done by or under the direction of CITY but at the cost of LESSEE. All alterations, additions, and improvements made in and to the lease premises shall, unless otherwise provided by written agreement be the property of CITY and shall remain upon, and be surrendered with the leased premises., LESSEE shall notifY CITY of all damage or injury done to the premises or property of CITY by LESSEE at the time the damage or injury is inflicted. With the exception of normal wear and tear, LESSEE shall, at the termination ofthis lease, surrender the leased premises to CITY in as good order and condition as received. 9. Destruction of Premises If the building or the leased premises shall be destroyed by fire or other cause or be so damaged that they become untenantable and cannot be rendered tenantable within ninety (90) days from the date of the destruction this lease may be terminated by CITY. In case the premises shall be so damaged as not to require a termination of the lease as above provided, then a proportionate allowance shall be made to LESSEE for the rent hereinbefore reserved corresponding to the time during which and to the portion of the premises of which LESSEE shall be so deprived. LESSEE expressly waives the provisions of Section 1932 and Subdivision 4 of Section 1933 of the Civil Code of the State of California. CITY shall be the sole judge as to whether such damage has caused said building or premises to be untenantable, and as to whether they can be rendered tenantable within ninety (90) days from the date of injury. . -;)- Civic Center Lease Agreement . Congresswomen Tauscher (Page 3 of5) 10. Entrv and Inspection Management is given the right to enter into or inspect the premises for the following purposes: (a) In case of emergency. (b) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services. . (c) When the tenant has abandoned or surrendered the premises. Except in cases of emergency, when the LESSEE has abandoned or surrendered the premises, or if it is impracticable to do so, CITY shall give reasonable notice of intent to enter and enter only during normal business hours. Twenty-four (24 hours) shall be presumed to be reasonable notice. 11. Subordination LESSEE's interest in this property shall be subject and subordinate at all times to the lien of any mortgage or trust deed or deeds which may now exist upon or which may be placed upon the premises or the property of which the premises are a part. 12. Breach of Conditions Each and every covenant and term within this agreement is to be kept and performed by LESSEE and is expressly made a condition. Upon breach of any term, CITY may terminate this lease. 13. Non-Waiver of Breach The failure or omission of CITY to terminate this lease, for any violation of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by CITY to such violation, and shall in no way bar, stop or prevent CITY from terminating this lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. The acceptance ofrent pursuant to this lease shall not be, or be construed to be, a waiver of any breach of any term, covenant, or condition of this lease. . 14. Costs of Suit If any legal action or proceeding be brought by either party to enforce any part of this Agreement, the prevailing party shall recover, in addition to all other relief, reasonable attorney's fees and related costs. 15. Service of Notice Notices required under this Agreement may be served upon the CITY at the following: ' City Manager 100 Civic Plaza (Post Office Box 2340) Dublin, California, 94568. Said person is authorized to accept legal service on behalf of CITY. Notice may be served on LESSEE at both ofthe following addresses: . Attention: District Director Congresswoman Ellen Tauscher, 10th District 1801 North California Boulevard Walnut Creek, California 94596 U.S. House of Representatives Office of Finance 263 Cannon House Office Bldg. Washington, D.C. 20515 -3- Civic Center Lease Agreement Congresswomen Tauscher (Page 4 of 5) 16. Security . It is further covenanted and agreed by LESSEE that nothing herein contained and no security or guarante which may now or hereafter be furnished CITY for the payment of the rent herein reserved or for the performance by LESSEE of the other terms or covenants of this lease, shall in any way be a bar or defense to any action in unlawful detainer, or for the recovery of these premises, or in any action which CITY may at any time commence for breach of any part of the terms or covenants of this lease. 17. Miscellaneous Definitions/Conditions (a) The word "CITY" and the word "LESSEE" as used herein include the plural as well as the singular. The neuter gender when used here, shall include the masculine and feminine. (b) LESSEE agrees that this instrument contains all of the provisions of the agreement between the parties hereto, and that no promise or agreement not contained herein shall be binding on CITY. (c) Time is the essence of this agreement. 18. Additional Provisions (a) "District Office Lease Attachment" (Exhibit A) is hereby incorporated into the terms of this lease agreement. (b) CITY shall provide a two line telephone instrument. Any answering machine, fax machine, as well as connection to telephone service provider shall be the sole responsibility of LESSEE. LESSEE may make arrangements for the direct modification of wiring upon the written permission of CITY. . LESSEE shall be solely responsible for all arrangements and services provided by local telephone company. (c) Use by LESSEE of other facilities at Civic Center are not subject to this lease and shall be subject to established terms and policies of the CITY. (Uses outside of regular business hours may be subject to additional charges). LESSEE agrees to abide by such policies and any such amendments. (d) CITY will make available to lessee a photocopy machine for incidental use. These parties have executed this lease the day and year first above wri-tten. FOR CITY: FOR Congresswoman Tauscher LESSEE: Guy S. Houston, Mayor Ellen Tauscher, Congresswoman 10th Congressional District ATTEST: . Kay Keck City Clerk G: LeaseslCONGRESS/991ease.doc -y- . _. ~ .'-.7. _. ~ :~-=-_ .u_ _u_ u._ ~ ..." 110 vt ."1 "..... "C1...m.rU .uon\'L1Q<J U) \n' UlnDCJ or nDII\CiIl, U.s. ~ . t>f ~p~nl,tfvw. (or aUlbfll'lle p.yuu,t or. ~1.lr'c' "f'" I,ote. ---- ,~ - - , '. .. DISTRICT OFFICE LEASE ATTACHMENT . . 1. LeBsor and UllllflO DlJl'Ce that this DISTRICT OFFICIC LEASE ATTACHMENT CAttuc11Joent) I, tnoorpoTnt..ed mto and made ft put or tho le~18 agroomcot for Oongft~5[ona) district office BpOce to whloh {t il!i ntlBched. 2. Lessor acknowledgos that.the House of Repfellentatlvel fa not rcnponulble for the perlonnonce of the lesse ~grecmGtlt exeept n5 provided in plU"8gt'sph 8 of tlll. Attachment, and I..e8Bot DiTCOB to look solely to 1~1It8. for performance of the lau9 agroement. 3. LenDt acknowledges Ullit the House does not dla1JuT6o fund! for advance pl1ytnenta or security depollts, nnd that paymenla ma.de by the Chiaf Admini{!lraUva Officer of the 1I0URO on behalf of Lce8u w11l be r;ent to t.he U!8sor at the end of ollch month in Batlrlaction of each month's oocupancy. Lessor 8gTeo!J that any payment by the Chief Administrative Officllr for &nY period nOer thi15 laaco Ag-ccem9nt has been terminated shall be ~fundcd forthwith by lAuor t.n tbe Chief AdmInistrative Omcer without formnl demand. 4. The term ot the lcase agreement .thnll not cxre-td tha ohorlef of t.wo yaara or the conlltitutlonal tol1Tl of tho Congreu to wWch the Membor is el!tCtod. 5. 'The. total dollar amonnt specified in t.he teBIO ogrc<lment Bhllll not bo varied by any fa.ctor, cost of living c1auae, elevawr claUIIO, escalator c.laule, Or any other adjv~troont or meo.6uro during tho wrm of tho 1eue SgrMmllnt. e. Leeeor agrees at il$ expense to malnlo.ln in good ordor Ule publlo and common eroas of the buildlng, lInd agren to mninta.1n, repnir, or replacn as needed, al16truclunl and other components ortha.premises, including roofs, calHn~, walls, flooTs, windows, doors, fixtures and ml;lc}lanlcal, plumbing and electrical r.yst.em. and equipment . e rviog tllCi' pnmlses. . 7. Lauor egree, to ensure the Bvailnbility of premlsofi wlnoi 6uitahlo for telecommuniCAtions nnd data ADlmllldon (22 to 26 AWG twist&d pair of low capacit.ance). 8. In the event of the doath, rellgnation, or remova.l from offico of Lo/:l.sce, Lessor hereby cxpro!lBly gnnts to the Clerk of the House the riflhl to continuES to occupy the pt~miec~ uncl9T the ICJI8C ugreement for a period of up to 6ixty (60) d#Y15 following the cloction ofthe Le~acc'a 6U~Bllflor, unloss tho Olerk clect6 to terminate theloue agreement by rrivini( thirty WO) clay. written notice to I..oosor. D. Ths laBf!.e l1flreement arut this Attachment, onel any termination nollNI givon under the tormB of the leaso agreoment, shall be Btnt to the Office or Finance, 263 Cannon Hou5o Office Building, Was~lngt.on, D.C. 20516. Any portion of tho lease ogrooment to which this Atlftchmc.nt ia attMhed llnd any aubseql.1ent or addttlonal ogreomanta which aro inconsh.tont with pnrographa 1 throUih {) of thi9 Attachment shall be of no forca nnd effect to tho oxtnnt or well inronr>let..l'Jncy. IN WITNESS WHEREOF, lhe pl:lrtieB heroto havo hereunto subscribod their Beala. (LctltreeJ (/,;8 !SDr) (Date) _____.___W____~___________._~~.____-_______.___.__.______________A________._.________......_.__A__..-----....~.~----------.--r.~.-- (Dau) . RlI!JVlewed and npprovod tlUrsuant to the ruloa 0' Ule C<m\mittee on 1I0\l!lc Overai~t: BliTlea Dat.a __ ~--_..._-_..- -.-- r . I~XIII nrr ^ (Agreement Page 5 of 5) <Attachmcnt To Congrcsswoman Tauscher Lcasc)